Category Archives: Paralegals/Legal Assistants

Oops – Non-Lawyers and the Unauthorized Practice of Law.

28 Sunday Sep 2014

Posted by in Ethics, Independent Paralegals, Lawyer Supervision, Paralegals/Legal Assistants, Unauthorized Practice of Law

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STAND And Deliver Legal Services, by Mike Frisch, Legal Profession Prof Blog

http://tinyurl.com/qjc6haw

There are certain things that paralegals, legal assistants, and any other non-lawyer legal professional cannot do.

  • We cannot appear in court on behalf of a client (when we’re not with our supervising attorney). Even then, we won’t be sauntering up to the judge’s bench to make argument or answer the Court’s questions).
  • And although I know some paralegals do this with their lawyer’s approval, we should not negotiate settlement on the client’s behalf. In these situations, my guess is that, the majority of the time, the client has no idea that the has delegated this task to a non-lawyers.
  • I’m going to go with faith that non-lawyers understand about client confidentiality.
    There are other things a non-lawyer cannot do, but the biggest is that we cannot give legal advice. If someone asks you a legal question, and you say, “I can’t give legal advice, but if I were you, I would . . . ,” that’s giving legal advice. The little signs you see next to discount shopping stores offering to do your divorce for a small fee are trying to sell legal advice. Even if you know the answer when a client asks you a question, the absolute best answer you can give is, “I don’t know – you’ll have to ask the lawyer.”

That brings us to this post. No doubt that the non-lawyer in this example had good intentions, and was trying to help. If you the non-lawyer in any situation, regardless of how much training or initials you have behind your name, you CANNOT GIVE LEGAL ADVICE.-CCE

Unauthorized practice decision of the Ohio Supreme Court is described by Kathleen Maloney:

A Lorain County non-lawyer and his corporation engaged in the unauthorized practice of law by providing legal advice to individuals facing criminal charges, according to an Ohio Supreme Court decision today.

The court directed King Ayettey Zubaidah and STAND, Inc., to stop practicing law and ordered them to pay a civil penalty of $20,000 for their involvement in four legal matters.

Zubaidah formed STAND (Striving Towards a New Day!) in 2008 after his experience with the justice system in the 1980s when he was convicted on a drug charge and sentenced to five years probation. STAND’s mission was ‘to help change the unfair and partial treatment against minorities in the judicial system.’

In each of the four cases brought before the Board on the Unauthorized Practice of Law (UPL), the defendant or a parent of the defendant asked for Zubaidah’s guidance during the criminal case and signed an agreement with STAND, which stated that the organization would assist them. No payment was required. Family members testified that Zubaidah did not claim to be an attorney and they knew he was not one.

In one matter, Isaiah Harris faced several charges in three different cases in 2008 involving the same victim. The court appointed a lawyer to represent him. Harris also signed an agreement with STAND.

The three cases were combined, and before Harris’ trial Zubaidah sent a letter to the judge indicating he had in-depth knowledge about the facts in the case and defending Harris’ actions.

In the midst of trial, Harris’ lawyer negotiated a plea deal for a four-year prison term. Zubaidah attended the trial, but his involvement was disputed. Harris’ lawyer claimed that Zubaidah advised Harris not to accept the deal. Harris rejected the offer and was later convicted and sentenced to 23 years, 6 months in prison.

In the other cases, Zubaidah sent letters to the judges asking for lower bonds, citing cases, and making legal arguments, though indicating that he was not an attorney.

In today’s per curiam opinion, the court noted that an individual who negotiates legal claims for another person and provides legal advice – even without charge and even when stating that he is not an attorney – is practicing law.

While a non-attorney who sends a character-reference letter for someone to a judge is not engaging in the unauthorized practice of law, the court stated that when a letter shifts to advocating specific legal positions for that person, the unauthorized practice of law occurs.

‘[D]espite the laudable desire to seek reform in the criminal system, such a desire cannot be realized by legally advising and advocating on behalf of a criminal defendant without violating our prohibition against the unauthorized practice of law,’ the opinion stated.

‘Zubaidah’s actions extended beyond the permissible conduct of endorsing a person’s character, advocating a social issue generally, advancing personal interests, or providing nonlegal advice to a family member. Despite Zubaidah’s good intentions and intermittent disclaimers, his conduct shows a pattern of advocating legal positions on behalf of defendants and providing legal advice to those defendants, leading to serious consequences for the STAND clients who trusted him.’

The court pointed out that Zubaidah held himself out as ‘an advocate with legal expertise,’ his agreements implied that he had specialized knowledge of the legal system, and his letters to judges ‘cited case law, raised legal issues, and asked for legal results.’ . . . [Emphasis added,]

Trial Tips For Paralegals.

20 Saturday Sep 2014

Posted by in Exhibits, Paralegals/Legal Assistants, Trial Notebooks, Trial Tips and Techniques

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A Paralegal’s Guide to Preparing for a Civil Trial, by Betsy Horn, CLA, Texas Paralegal Journal (Summer 1997), ©1997 Legal Assistants Division, State Bar of Texas

http://txpd.org/TPJ/08/horn.html

Do not let the date give you the notion that there’s nothing here worth your attention. Ms. Horn’s article and checklist is invaluable for any paralegal preparing for, or assisting, at trial. Although trial technology and the tools you use may have changed, the common sense and advice in this article is just as true today as in 1997.

Regardless of whether you live in Texas, please don’t ignore the Texas Paralegal Journal. As you can see, it’s been going strong for a long time. I strongly recommend that you look at the Journal’s web page, http://txpd.org/TPJ/75/default.asp. Now that you’ve found it, stay a while. Click on TLJ Online. There is a wealth of information there, just waiting to be plucked. -CCE

Must Read Top Paralegal Blogs in 2014.

14 Sunday Sep 2014

Posted by in Education, Ethics, National Exams, Paralegals/Legal Assistants, Professional Organizations

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14 Blogs Paralegal Students Need to Read, by Jess Mansour Scherman, Ramussen College

(*Editor’s note: This article was originally published on Dec. 10, 2010. It has since been updated to reflect information relevant to 2014.)

 http://tinyurl.com/lbg5mtz

My sincere thanks to Ms. Scherman for including this blog in her list. -CCE

 You’ve likely discovered by now that there’s a lot that goes into keeping up with the pulse of a thriving career. From researching different paralegal programs to discovering leads for potential jobs—not to mention a host of obligations outside of your career like caring for your children and getting the bills paid on time—your slate probably feels pretty full right about now.

So how can you be sure to uncover the rest of that coveted industry info that you haven’t yet tapped into? Don’t worry—there are plenty of industry pros who have created an array of paralegal blogs with people like you in mind!

It can be difficult, though, to find what you’re looking for with thousands of paralegal blogs at your fingertips. To save you the trouble, we narrowed it down to a must-read list. So sit back and let some industry professionals teach you everything from résumé tips to how to locate that perfect paralegal job.

Let us introduce you to the 14 paralegal blogs you can’t miss in 2014….

State Bar of Texas Paralegal Division And Texas’ Board of Paralegal Specialization Program.

27 Sunday Jul 2014

Posted by in Education, Ethics, Paralegals/Legal Assistants, Professional Organizations

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State Bar of Texas Paralegal Division

https://txpd.org/

Not all state bar associations have a paralegal division. Texas Bar Association’s Paralegal Division was the first one in the United States created in 1981. Its website has lots of cool stuff, such as:

TBLS is pleased to announce the official launch of our new website specifically for the Paralegal Specialization program. This site is an informational, public-facing web site designed to promote the presence, and exclusive status, of the TBLS paralegal certification process. It also acts as an Intranet for the Board Certified Paralegal (BCP) community and Texas attorneys interested in specialized paralegal matters.

We have just concluded final stages of development and want you to have the first look this weekend of our new site at http://www.tbls-bcp.org. This is only the initial phase of the website with plans for more video, online member services and social media options. . . .

Canada’s Paralegal Professional Conduct Guidelines.

27 Sunday Jul 2014

Posted by in Canada, Canada Licensing, Paralegals/Legal Assistants, Regulation

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Paralegal Professional Conduct Guidelines, The Law Society of Upper Ontario

http://www.lsuc.on.ca/with.aspx?id=1067

The Paralegal Professional Conduct Guidelines help to interpret and to apply the Paralegal Rules of Conduct.  Amendments to the Model Code (see below) will be effective October 1, 2014. –CCE

http://www.lsuc.on.ca/new-rules/

NEW RULES OF PROFESSIONAL CONDUCT

CTA graphic new rules Rules of conduct amended to implement Federation’s Model Code

Convocation amended the Rules of Professional Conduct and the Paralegal Rules of Conduct to implement the Federation of Law Societies of Canada’s Model Code of Professional Conduct. The Paralegal Professional Conduct Guidelines were also amended.

Key points:

•The amended lawyer and paralegal rules, and paralegal guidelines, come into effect October 1, 2014.

•Most amendments are minor, however some changes are more substantive and introduce new standards – particularly changes to the rules dealing with conflicts of interest, undertakings and withdrawal from representation. See summary of changes – lawyers (PDF) and summary of changes – paralegals (PDF).

•The new lawyer rules include a new numbering scheme that mirrors the Model Code.

•The Law Society is developing new and updating existing resources to assist lawyers and paralegals.

The Law Society is offering free webcasts to ensure that all members can access important information on these changes.

Free webcast on amendments for lawyers – September 8

Free webcast on amendments for paralegals – September 8.

Changes and Trends in Paralegal Education.

21 Saturday Jun 2014

Posted by in Education, Legal Technology, Legal Writing, Paralegals/Legal Assistants

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Take Your Seats, by Sally A. Kane, J.D., Paralegal Today

 http://paralegaltoday.com/issue_archive/features/feature1_jf09.htm

A changing economic climate, emerging technologies and a global legal market have transformed the legal industry. In response to evolving market demands, paralegal educators and law firm managers are adapting school programs, continuing legal education courses and training policies to better prepare today’s paralegals for success in the workforce and in their careers.

‘Paralegal roles are expanding,’ said Charles Volkert, Esq., executive director of Robert Half Legal, a national legal staffing service based in  Menlo Park, Calif. ‘Law firms look for multiple skill sets and a wide variety of experience as they expand globally.’

What skills sets are hot in today’s paralegal market? Paralegal educators, managers and recruiters across the country agree that a combination of strong technology, writing and communication skills, and hands-on experience will help paralegals excel in the workplace. Other hot trends in paralegal education and CLE include distance learning and a greater demand for certain paralegal specialties. . . .

Paralegal and Legal Assistant Resources.

11 Wednesday Jun 2014

Posted by in Education, Paralegals/Legal Assistants, Professional Organizations

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Paralegals and Legal Assistants, HG Legal Sources

http://www.hg.org/paralegal.html

Resources on paralegal education, definitions, and paralegal associations (both USA and worldwide). -CCE

 

Witness Preparation – When May The Witness Show Anger?

09 Monday Jun 2014

Posted by in Paralegals/Legal Assistants, Trial Tips and Techniques, Witness Preparation, Witnesses

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Witness Preparation Tip: When Is It Appropriate For A Witness To Show Anger? by Merrie Jo Pitera, Ph.D. – CEO, Litigation Insights Blog

http://tinyurl.com/ma4hps8

Many years ago, I was working on witness preparation with a corporate HR Director who was being deposed. It was quickly apparent from the moment that he walked in the room that he was not happy to be there. During his own mock direct examination, when the questions were clearly “friendly fire” from his own attorney, he was angry and aggressive. He was so mad that he was getting out of his seat and pointing at his own attorney with his finger when answering simple questions. What was worse, he was getting progressively more emotional and belligerent as the questioning continued. And we hadn’t even gotten to mock cross examination yet! It was clear we needed to take a break and pull him aside for a heart-to-heart discussion. In his current emotional state, he was the antithesis of an HR Director, and his display of anger was inadvertently reinforcing the plaintiff’s claims that the company did not care about his complaints of racial discrimination. An additional complication was that the HR Director thought his strong, angry reaction was helping his employer’s case.

While extreme, this witness’ reaction to testifying is not unusual. It is no secret that no one looks forward to being deposed. . . .

Paralegal Regulation Chart State-By-State.

09 Monday Jun 2014

Posted by in National Exams, Regulation

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Paralegal Regulation, State by State, posted by The National Federation of Paralegal Associations (last updated May 2012)

REGULATION_CHART_5-12final.docx

A non-partisan chart of state-by-state by the paralegal profession., and created by The National Paralegal Association. 

If you have trouble opening the link – or if you are aware of updated information, please contact The National Federation of Paralegal Association at http://www.paralegals.org/default.asp?page=103. -CCE

Nine Top Tips for Paralegals Preparing for Trial.

09 Monday Jun 2014

Posted by in Adobe Acrobat, Animations, Bates Numbers, Legal Technology, Paralegals/Legal Assistants, PowerPoint, Presentations, Trial Notebooks, Trial Tips and Techniques, Witness Preparation

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9 Critical Steps for Trial Preparation, by David J. Dempsey, Paralegal Today Magazine (formerly Legal Assistant Today)

http://paralegaltoday.com/issue_archive/features/feature1_ja03.htm

I suspect that any paralegal with significant trial experience would have other things to add to this list. But it’s still good advice and a good start. -CCE

[P]aralegals play an indispensable role in the trial preparation process. It’s imperative that, in conjunction with the lead counsel, you design and adhere to a plan to make sure your energies — and those of the entire support team — are focused on the tasks that will contribute most to the success of the trial.

As the final phases of intense trial preparation approach, paralegals can wear many hats: coordinating schedules, monitoring deadlines, helping prepare witnesses and documents, organizing files and exhibits, preparing subpoenas and working with all members of the support team, including expert witnesses, outside vendors, and other legal assistants and attorneys involved in the trial.

Every trial attorney will use the talents of a paralegal in different ways. In my practice, I tend to rely heavily on paralegals and delegate a considerable amount of responsibility to them.

While the following guidelines will not work for every trial team, these are nine critical steps I believe paralegals can take to help make sure when the opening gavel falls at trial, your team is prepared to prevail. . . .

Review of Paralegal Regulation in Ontario, Canada.

02 Sunday Mar 2014

Posted by in Canada, Canada Licensing, International Law, Paralegals/Legal Assistants

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Reports » Report of Appointee’s Five-Year Review of Paralegal Regulation in Ontario, Ontario Ministry of the Attorney General

http://tinyurl.com/mrw4olq

Paralegal regulation began in Ontario, Canada, on May 1, 2007 under the 2006 Access to Justice Act. The Act requires that all paralegals in Ontario shall be licensed by the Law Society of Upper Canada.

To verify that paralegal regulation under the Act was successful, the Act required two reviews after five years. This link will take you to both progress reports, submitted June 28, 2012 and November 1, 2012, respectively.

While visiting this link, I encourage you to poke around and learn more about the Ministry of the Attorney General of Ontario and Canadian law. -CCE

Beautiful Young, Dead Paralegal Found in Bathtub of Attorney Boss Who Has Possible Mob Connections.

17 Monday Feb 2014

Posted by in Criminal Law, Employment Law, Ethics, Grand Jury, Law Office Management, Legal Ethics, Management, Paralegals/Legal Assistants, Social Media, Supervising Support Staff, Using Social Media

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Paralegal’s Death In Boss/Boyfriend’s Bathtub Declared Accidental, by David Lat, Above the Law Blog

http://tinyurl.com/k6fafzo

 Last May, a 26-year-old paralegal by the name of Julia Papazian Law was found dead in the bathtub of her boss and boyfriend, prominent Philadelphia defense attorney A. Charles Peruto Jr. The news set tongues wagging in Philly. It had all the elements of a tabloid tale: a beautiful young woman, a wealthy and successful lawyer, and possible organized-crime connections. (Peruto has represented such prominent alleged Mob figures as Joey Merlino and Nicodemo Scarfo.) . . .

A grand jury was convened, conducted an investigation, and concluded there was no evidence that the paralegal’s death was anything but accidental. I saw no discussion or evidence of an investigation of any ethical or employment violations concerning the employer/employee relationship.

After the grand jury’s investigation, the paralegal’s boss used Facebook to reply to the District Attorney in a direct and explicit statement. -CCE  

http://tinyurl.com/lnbb9gh

 

 

Legal Writing Faculty – It’s Okay To Sweat The Small Stuff.

16 Sunday Feb 2014

Posted by in Bad Legal Writing, Citations, Education, Legal Writing, Legalese, Paralegals/Legal Assistants, The Bluebook

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A Law Professor’s Detailed, Thoughtful, and Comprehensive ‘Local Rules’ for Class: A Response to “Above the Law,” Legal Writing Prof Blog (guest post from Louisa Heiny, Adjunct Professor of Law at the S.J. Quinney College of Law of the University of Utah, responding to recent post at Above The Law Blog)

http://lawprofessors.typepad.com/legalwriting/2014/02/atl.html

I used to teach Legal Writing and Legal Analysis to paralegals. Students had to work hard to earn a good grade in those classes. Some students appreciated the emphasis on grammar and punctuation, adhering strictly to court rules and the Bluebook, the eradication of legalese, and the insistence that details matter. Regrettably, not every student felt the same way, and missed the point. There was a reason why the bar was set high for my students. I wanted them to succeed once they were on the job.

If I learned anything from teaching, it was that the majority of students, when challenged, will work hard to meet high standards and expectations set for the class. If a teacher’s expectation are low, the work turned in will be mediocre at best. Both law and paralegal students face tough competition upon graduation. Quality matters more than ever.

It is nice to see that there are still legal writing faculty who set insist on quality. -CCE

I admit it: I read Above the Law. I read it every day. It’s even on my Facebook feed. It’s sometimes snarky, often witty, and has published some of the most ridiculously funny cease and desist letters I’ve ever seen. I use material from Above the Law in class to show students what not to do.

I’ll also admit that when I read the headline in Above the Law, ‘A Law Professor’s Detailed, Ridiculous, Condescending ‘Local Rules’ For Class,’ I panicked. There was a serious possibility that I was about to read my own syllabus. I’m an adjunct, so there was also a possibility that I was about to be fired.

After a moment’s relief that I was not the target of ATL’s ire, I read the article. Written by Joe Patrice, the post skewers the ‘local rules’ created by Santa Clara Law Professor Ray Bernstein for his legal writing class. While my own syllabus isn’t as detailed, Professor Bernstein has created a detailed, thoughtful, and comprehensive set of local rules designed to put students on notice of class requirements, as well as prepare them for the practice of law. . . .

Canada’s Paralegal Licensing Process.

14 Friday Feb 2014

Posted by in Canada Licensing

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Paralegal Licensing Process, The Law Society of Upper Canada

http://www.lsuc.on.ca/licensingprocessparalegal/

To provide services effectively and in the public interest, Canada’s Paralegal Licensing Process requires candidates to possess the required entry-level competencies. This website sets out the admission qualifications through various options explained at this link.

In your opinion, do these entry-level requirements adequately protect the public and sufficiently define the role of paralegals in Canada? -CCE

Paralegal Education – Which School Should You Pick and Why?

11 Tuesday Feb 2014

Posted by in Education, Paralegals/Legal Assistants, Professional Organizations

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The paralegal profession is changing. Some states are licensing and registering paralegals, and have established mandatory education or other criteria for paralegals. Other states are considering their example, and may make similar requirements. Case law has already has set standards for the type of paralegal work that can be recovered by the winning party in attorney fee applications.

There are many non-lawyers working in law offices who want the title of legal assistant or paralegal. Some enroll in what are commonly called “weekend wonders” – an abbreviated paralegal education program that puts money in the pockets of the school but does little to prepare its graduates for an ever-increasingly competitive job market.

Let’s think about this for a minute. Why did you pick that particular school? Who recommended it? Did you have to take out a loan to pay for the entire program before you could take a class? What if, after you start the classes, you decide that you really are not interested in becoming a paralegal? You are still on the hook for the entire loan even when you leave the school. If you believe a program is the best, be sure you are committed to becoming a member of this profession before taking out that loan.

Paralegals and lawyers are trained differently. Paralegals learn the theory of the law, but also the nuts and bolts of how things are done in a law office. Not all lawyers who teach paralegals understand that difference.

When I was in paralegal school, the majority of my professors were lawyers and outstanding teachers. They did not teach us in the same manner they were trained in law school, but as paralegals. If an instructor has neither worked with a paralegal nor understands the basics you are expected to know when you start your first job, this should be a red flag.

Do what any good paralegal would do. Perform your own due diligence by researching the program and its curriculum. The ABA’s Standing Committee on Paralegals (http://tinyurl.com/cc7n43p) has set recognized standards for quality paralegal education. It also provides a directory of ABA-approved paralegal programs.  (http://tinyurl.com/lhgezwm.) It is worth your time to research this recognized standard and compare it to the curriculum of whatever schools you consider. If nothing else, it may prevent you from making a costly mistake.

If you are not sure whether your paralegal program is up to snuff, contact the paralegals in your state. Call the local, state, and national paralegal associations, and ask for a recommendation or their opinion of the program of your choice. Yes, they will likely be biased, but they may also have good reason to be.

Talk to more than one person in the association. Ask hard questions. But most importantly, find out what kind of education and credentials are expected by the attorneys and law firms in your state. After all, you want to be marketable and find a job after graduation. It only makes sense to swim with the current, not against it.

Regardless of what path you choose, I wish you all the best. When one of us looks good, I truly believe it makes us all look good. Please avoid putting anyone else down to build yourself up. Not only is it unprofessional, it is not kind. One never regrets taking the high road. I suspect that you will, like me, have at least one person who will help you learn the ropes when you start your career. When you have the opportunity – and you will – please pay it forward.  -CCE

National Paralegal Exams – Should You Take Them?

11 Tuesday Feb 2014

Posted by in National Exams, Paralegals/Legal Assistants, Professional Organizations

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Recently I have had conversations with paralegals and paralegal students who are interested in taking one of the national paralegal exams. In a former life, I was the National Coordinator for PACE (the “Paralegal Advanced Competency Exam”) for the National Federation of Paralegal Associations (“NFPA”). I helped to design that exam in its beginning stages and wrote the legal writing section  of its Study Manual. So PACE and Registered Paralegals are what I know best.

I have many friends who have taken both the Certified Legal Assistant  exam created by the National Associations of Legal Assistants (“NALA”) and NFPA’s exam to become Registered Paralegals. Many went on to get further certification in other areas of law, e-discovery, or other fields.

It is not unusual these days to see non-lawyer professionals with long lists of initials after their name. Why are these folks spending the money and time to pass these tests? Maybe their employers asked or required the exams or training to meet their clients’ needs, and they needed someone with those skills. It happens, especially with firms that taken on massive e-discovery projects.

I think the best reason to invest the time and money (and they are not cheap) to take a national paralegal exam is to prove to oneself his or her expertise for their own gratification. Anything else that comes from it is gravy.

Do other paralegals who have passed these tests tell others that they are not really a legal assistant or paralegal if they do not take and pass these tests? Sometimes, I’m sorry to say that happens. I have never understood knocking someone else down to build yourself up, and that is the category where this nonsense belongs.

I am not going to say that one paralegal association’s test is better than another. Both NALA and NFPA have long since established the credentials and worth of their exams. That debate is over — or it should be.

My recommendation is to ignore anyone (other than your employer) who insists that you must take one of these tests to prove your worth or ability. Again, the best reason to take these tests is because you have decided – for your own reasons – that this is what you want. Those who have already passed the tests will hopefully encourage you and support your efforts.

What national test should you take? That is your call. If you are a paralegal worth your chops, you will do your own research and make your own decision after looking at all the pro’s and con’s. It is your money, your time, and your career. Who else should make that decision but you? -CCE